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Brain injury compensation claims

advice for brain injury claims

Advice from The Injury Lawyers Serious Injury Claims Team

For urgent or general advice, please call our claims helpline FREE from a landline or mobile on 0800 634 75 75.

It goes without saying that the brain is one of the most important parts of our bodies. We are lucky to have solid skulls that can protect our brain from injury, but in the case of a significant trauma or severe accident, there is only so much a skull can take.

The Injury Lawyers understand the sensitivity that surrounds a Brain Injury. We understand the massive traumatic changes that can significantly alter the injured person's life and the lives of their family. As a firm of specialist personal injury lawyers, we only represent victims for compensation claims, and we have a senior dedicated legal team for serious and catastrophic injury claims.

We are a real law firm - our advice is real, and we can represent a brain injury victim for a claim.

It's bad enough being involved in an accident that was caused through no fault of your own, but to end up with a brain injury as a result is a worrying scenario. Our specialist serious injury legal team here at The Injury Lawyers are used to dealing with brain injury compensation claims that range from minor to life altering. If you are looking for advice, look no further.

Brain damage and brain injury compensation

From an injury perspective, the common causes relate to tissue damage from forces or impacts on the head; such as the head being struck with an object, or the head striking an object, to swelling inside the skull that puts dangerous amounts of pressure on the brain itself. Any of these are common from injuries to the head.

Brain damage has the serious likelihood to leave the victim with significant long term affects. We see injuries that cause damage ranging from temporary amnesia and memory issues, to long term damage leaving the victim with minor to serious motor disability.

If the brain damage is caused in an accident that was no fault of the victim, they are entitled to be compensated for the affects that it will have on their life. All sorts of factors can be taken in to account. The primary issues we look at for compensation claim are the effects on:

  • Pain and quality of life
  • Employability
  • Need for care and assistance
  • Treatment

Quality of life is a rather obvious one. If a victim is left with symptoms that reduce their ability to move around, communicate, participate in hobbies, socialising, etc, we will look to compensate them for this. We can never turn back the clock and make everything OK again; but we can award our client with financial compensation to reflect the severity of the suffering they have to endure.

In a worst case scenario, if a victim can never work again, they are entitled to future lost earnings that can be estimated based on pre-accident employment and employability. In theory our client could be paid up until the age of retirement, including a pension, for all earnings that they would have gained had they have never received the brain injury in the first place.

If any form of care and assistance is needed, a claim can be made for this that can be paid to the carers, or for getting professional help if it is needed. This can be broken down in to anything such as help with cleaning, cooking, washing, dressing, shopping; the whole lot. However a brain injury victim's independence is affected is what we will look at to make sure that the long term needs are taken care of.

If there is any form of treatment that can be provided, we can look to arrange for funding from the other side if it's going to benefit our client in the long term. There is of course always the NHS options, but we will always try and see what we can do on a private basis if it will be more beneficial.

We here at The Injury Lawyers specialise in all areas of injury law. We have specialist serious injury solicitors on hand to represent brain injury victims for a claim; solicitors who are used to dealing with significant injuries and multi-million pound compensation payouts.

Call our claims helpline FREE from a landline or mobile on 0800 634 75 75 for advice on claiming compensation for your brain injury today.

A little advice about identifying a brain injury

Most brain injury compensation claims start with an injury to the head. If you or someone you know ever receives a head injury, ensure that medical attention is sought right away. Even if you feel fine, we strongly recommend that a doctor is seen or visit to the nearest walk in centre or A+E takes place, because in some circumstances it is difficult to tell whether a person is suffering beyond what is visible to the naked eye.

No one is ever wasting anyone's time by being on the safe side and getting checked out. We really can't stress this point enough.

Symptoms relating to serious head injuries when left untreated can cause brain damage. Severe head injury symptoms to watch out for:

  • Difficulty staying awake or still being sleepy several hours after the injury
  • Having a seizure or fit (when your body suddenly moves uncontrollably)
  • Difficulty speaking, such as slurred speech
  • Vision problems or double vision
  • Difficulty understanding what people say
  • Reading or writing problems
  • Balance problems or difficulty walking
  • Loss of power in part of the body, such as weakness in an arm or leg
  • Pins and needles (a prickling or burning feeling) in the hands or feet
  • Amnesia (memory loss), such as not being able to remember what happened before or after the injury
  • Clear fluid leaking from the nose or ears (this could be cerebrospinal fluid, which normally surrounds the brain)
  • Bleeding from one or both ears
  • New deafness (loss of hearing) in one or both ears
  • A lasting headache since the injury
  • Vomiting since the injury
  • Irritability or unusual behaviour

Source (NHS Head Injury Conditions)

These are all symptoms that are linked to severe head injuries that could lead to brain trauma. Be on the safe side - get yourself checked out.

Brain injury compensation claim amounts

We must stress that the amount of the claim is determined by the individual circumstances of the case, and when it comes to brain injury compensation claims, there are a lot of factors to consider.

We can look at the official guidelines that we use to help us to value claims to give you an idea as to what you may be entitled to receive for the brain injury amount alone. The major part of the claim is often based on the Special Damages side of things for your losses and expenses, whereas the information below is solely in relation to the amount that is just for the injury itself.

Moderate Brain Damage

Cases where there is moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy and no prospect of employment: £107,250 to £156,750

Cases where there is a moderate to modest intellectual deficit; the ability to work is greatly reduced if not removed; there is some risk of epilepsy (unless a provisional damages order provides for this risk): £64,750 to £107,250

Cases where concentration and memory are affected; the ability to work is reduced; there is a small risk of epilepsy; and any dependence on others is very limited: £30,750 to £64,750

Moderately Severe Brain Injury

The injured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional care. Disabilities may be physical, for example, limb paralysis, or cognitive, with marked impairment of intellect and personality.

The level of the award within the bracket will be affected by the following considerations:

  • (i) the degree of insight
  • (ii) life expectancy
  • (iii) the extent of physical limitations
  • (iv) the degree of dependence on others
  • (v) ability to communicate
  • (vi) behavioural abnormality
  • (vii) epilepsy or a significant risk of epilepsy (unless a provisional damages order provides for this risk)

Awards in this bracket are between £156,750 and £201,500

Very Severe Brain Injury

In cases at the top of this bracket the injured person will have a degree of insight. There may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence, and the need for full-time nursing care.

The level of the award within the bracket will be affected by:

  • (i) the degree of insight
  • (ii) life expectancy
  • (iii) the extent of physical limitations

The top of the bracket will be appropriate only where there is significant effect on the senses and severe physical limitation.

Where there is a persistent vegetative state and/ or death occurs very soon after the injuries were suffered and there has been no awareness by the injured person of his or her condition the award will be solely for loss of amenity and will fall substantially below the above bracket.

Awards here are between £201,500 and £288,500.

Remember - this is just for the injury alone!

Brain injury compensation - Get advice now!

To find out more information about making a brain injury claim, use our no obligation and free service by submitting your details on any of the forms provided on this page, or if you prefer call FREE from a landline or mobile on 0800 634 75 75 for professional advice today.

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